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HomeMy WebLinkAbout06388ORDINANCE NO. 6388 AN ORDINANCE AMENDING SECTIONS 3 AND 4, CHAPTER 4 OF TITLE XII OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO PLATS AND SUBDIVISIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter) SECTION 1 Subsection (2) of Section '3 and paragraphs b. and c. of Subsection 9 of Section 3, Chapter 4 of Title XII of the 1971 Code of Ordinances of the City are amended as follows: (2) "Major Street Plan" means a master plan for the location of [major] streets and street corridors as shown in the Pueblo Urban Area Transportation Plan [in and near the City] adopted by the Planning Commission [under the authority of Article 23, Title 31, C.R.S.] and [as further adopted] by the City Council[, and as same may be subsequently amended]. b. Unless the subdivision or method of disposition is made or adopted for the purposes of evading this Chapter, the term "subdivision" does not include the division or combination of land which: 10. Is created by operation of law upon the lawful vacation of adjacent alleys or streets. , [c. For the purpose of this Subsection, the word land includes any lot, tract or parcel of land situated wholly within 'or partly within the corporate limits of the City.] SECTION 2 Section 3, Chapter 4 of Title XII of the 1971 Code of Ordinances of the City of Pueblo is amended by the addition of the following new subsections: "Administrative officer of the City" includes the Building Official of the Pueblo Regional Building Department or his authorized representative. "Land" means and includes any lot, tract or arcel of real property situated wholly or partly within the corporate limits of the Cily. SECTION 3 Section 4, Chapter 4, Title XI of the 1971 Code of Ordinances of the City of Pueblo is amended as follows: Sec. 12 -4 -4. Authority and control. (a) Authority. No plat of a subdivision shall be submitted to the City Council for approval or accepted by the City until it conforms to the provisions of this Chapter. (b) Control. (1) Any person seeking to subdivide (or resubdivide) lands located wholly or partly within the corporate limits of the City shall be subject to the provisions of this Chapter. (2) It shall be unlawful for any owner or agent of the owner of any land located within the City to transfer, sell, agree to sell or negotiate to sell any land by reference to or exhibition of or by use of a plan or plat of a subdivision, before such plan or plat has been approved by the City Council, and recorded in the office of the Pueblo County Clerk and Recorder, or any plan or plat of a subdivision so approved and recorded which has been vacated. The description of such lot or parcel by metes.and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the operation of this [Chapter] Section Each parcel of land so dealt with shall be deemed a separate violation. The City or any purchaser of such land may, by action in any court of equity jurisdiction, enjoin the transfer of, or agreement to transfer, land contrary to the provisions of this Section. In the event any such unapproved plat is recorded, it shall be deemed invalid, and the City Attorney may institute proceedings to have such plat removed from the records of the Pueblo County Clerk and Recorder. (3) It shall be unlawful for any person to record or offer for recording with the Pueblo County Clerk and Recorder any plat or plan of a subdivision of land located outside the City but within the jurisdiction of the Planning Commission until said plat or plan shall have received final approval in writing by the Planning Commission pursuant to Section 31 -23- [215] 213 C.R.S. (4) [Any] All persons, including without limitation, boards, public officers [or] utilities, telecommunication companies, and authorities[y] shall be prohibited from accepting, laying out, improving or authorizing utilities or telecommunication systems or equipment to be laid in any street within the territory for which the Planning Commission and the City Council have adopted a major street plan unless such street shall be designated and approved by the major street plan; or shall have received a legal status of a public street prior to the adoption of the major street plan; or unless such street is shown on a subdivision plat or a street plat which has been approved by and adopted by the City Council. (5) It shall be unlawful for any person to apply for a building permit or erect a building or other improvement upon any land within the territory [of] or jurisdiction of the adopted major street plan unless the requirements[, as provided in Article 23 of Title 31, C.R.S., as amended,] of this Chapter have been fulfilled and complied with (6) No permit shall be issued by an administrative officer of the City for a building or structure on [a lot] any land which abuts a street which has not been dedicated or which is dedicated only to a portion of the width of said street required by the provisions of this Chapter, unless such street has been approved as a private street through the subdivision procedures as contained in this Chapter. (7) No permit shall be issued by an administrative officer of the City for the construction of any building or other improvements upon any land unless and until compliance with this Chapter shall first be met. (8) All subdivision plats of [property] land situated outside the corporate limits of the City shall comply with the regulations contained herein insofar as provided for in Sections 31 -23 -212 and 213. C.R.S. (9) The area and dimensions of each lot in all subdivisions shall comply with the Zoning Ordinances of the City. OJO It shall be unlawful for any person to construct any building or other improvements upon any land unless and until compliance with this Chapter shall first be met. SECTION 4 Any person violating the provisions of Chapter 4 of Title XII of the 1971 Code of Ordinances of the City of Pueblo shall be punished as provided in Section 1 -2 -1 of the 1971 Code of Ordinances of the City of Pueblo. SECTION 5 This Ordinance shall become effective upon final passage. INTRODUCED December 14, 1998 BY: John Verna Councilperson APPROVED: 6 ,,� President oGThe C uncil ATTEST: MW w"M W � �i